On January 11, 2021 a
EXHIBIT(S) - 3 - Non-Military Affirmation and Search
was filed
involving a dispute between
United Auto Credit Corporation,
and
Jessi Delacruz,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021
EXHIBIT 3
FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021
STATE OF NEW YORK
SUPREME COURT MONROE COUNTY
UNITED AUTO CREDIT CORPORATION
NON-MILITARY
Plaintiff, AFFIRMATION
vs. Index No.:E2021000213
JESSI DELACRUZ
Defendant.
The undersigned, an attorney duly admitted to practice law in the State of New York, affirms
the following under penalties of perjury:
1. As of the date of this Affirmation, a request was made to the Department of Defense,
Manpower Data Center, 1600 Wilson Blvd., Suite 400, Arliñgton, VA 22209-2593,
inquiring if the Defendant Jessi Delacruz ("Defendant") is in the military service.
2. I provided the Department of Defense with the Defendant's full name as it appears in
the caption and the Defendañt's social security number. The military investigation
resulted in a report indicating that the Defendant is not in the military service. A copy
of the response is annexed hereto.
3. Based upon the response from the Department of Defense, dated April 7, 2021, I can
clearly state that the Defendant is not in the military service.
Dated: April 7, 2021
Kevin Tompsett, Esq.
Mary M. Connors, Esq.
Harris Beach PLLC
99 Garnsey Road
Pittsford, NY 14534
(585) 419-8800
FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021
Results
asof: Apr-07-2021
09:34:43
AM
Department of Defense Manpower Data Center
SCRA5.7
Status Report
de emembedneHeW
SSN: XXX-XX-6097
Birth Date:
LastName: DELACRUZ
First Name: JESSI
Middle Name:
Status As Of: Apr-07-2021
Certificate ID: 58DHBWVXYKZ0Z5D
ActiveDutyStartDate A tiveDutyEndDate Status . ServiceCohiponen
NA No NA
This-crpe-:: (Üjeq d.. activedutystatusbasedontheAct0 u atusDate
.. . w ,rn,anulyWithin367DaysofActiveDutyStatusDate M
ActveDutyStartDate.C .: EndDate
ActiveDuty Status ServiceCd ponent
NA A No .. NA
reflects a'a
Thisresponse eftactivedutystatuswithin367daycPaM1 theÂctivet utyStatusDate
. . . Thih itßorH -lerUnitWasNotiliedofa FutureCall-Up
toActiveDutyonActiveDuty.S usb
OrderNodfication
StartDate ÓrderNötiflationEndDate Status Ser0icC pone
NA ÑA NA
Thisresponse
reflects
whether unithasreca
theindivÎÔluaÍÎîrhis/her toreportforactiveduty
Upon searcNng the data banks of the D6põ½óM of Defense Mempower Data Center, based on the nformadon that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes Missus on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Deperiment of Defense - Menpower Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021
The Defense Menpower Data Center (DMDC) is an orgen!zetion of the Department of Defense (DoD) that ==inwn= the Defense Enic||mont and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as emeñded) (SCRA) (formerly known as
Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess
the any !nfrszt!sñ indicating that the
duty"
individual is currently on active responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
!ñfermetien can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.esd.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this eddB!ese! Service verification, punitive prer!r!cre of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following !nferret!:r (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preced!ñg the Active Duty Status Date (3) Whether the individual or his/her unit received early ñéisicei!en to report for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as reported in this certificate is defined in âcccidancs with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 ccn::::1 ca days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
euthorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and 5üppened by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Mmini=+'°+ion of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commise!ened officer of the U.S.
Public Health Service or the National Oceanic and ^.tmerphed: Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in eccerdence with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protect!ens. Persons seeking to rely on this website
cârtFicatian should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
±r::::, some pretecticñ5 of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protect!ens of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guerenteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous informatian will cause an erroneous certificate to be provided.
Document Filed Date
April 07, 2021
Case Filing Date
January 11, 2021
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021 EXHIBIT 3 FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021 STATE OF NEW YORK SUPREME COURT MONROE COUNTY UNITED AUTO CREDIT CORPORATION NON-MILITARY Plaintiff, AFFIRMATION vs. Index No.:E2021000213 JESSI DELACRUZ Defendant. The undersigned, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury: 1. As of the date of this Affirmation, a request was made to the Department of Defense, Manpower Data Center, 1600 Wilson Blvd., Suite 400, Arliñgton, VA 22209-2593, inquiring if the Defendant Jessi Delacruz ("Defendant") is in the military service. 2. I provided the Department of Defense with the Defendant's full name as it appears in the caption and the Defendañt's social security number. The military investigation resulted in a report indicating that the Defendant is not in the military service. A copy of the response is annexed hereto. 3. Based upon the response from the Department of Defense, dated April 7, 2021, I can clearly state that the Defendant is not in the military service. Dated: April 7, 2021 Kevin Tompsett, Esq. Mary M. Connors, Esq. Harris Beach PLLC 99 Garnsey Road Pittsford, NY 14534 (585) 419-8800 FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021 Results asof: Apr-07-2021 09:34:43 AM Department of Defense Manpower Data Center SCRA5.7 Status Report de emembedneHeW SSN: XXX-XX-6097 Birth Date: LastName: DELACRUZ First Name: JESSI Middle Name: Status As Of: Apr-07-2021 Certificate ID: 58DHBWVXYKZ0Z5D ActiveDutyStartDate A tiveDutyEndDate Status . ServiceCohiponen NA No NA This-crpe-:: (Üjeq d.. activedutystatusbasedontheAct0 u atusDate .. . w ,rn,anulyWithin367DaysofActiveDutyStatusDate M ActveDutyStartDate.C .: EndDate ActiveDuty Status ServiceCd ponent NA A No .. NA reflects a'a Thisresponse eftactivedutystatuswithin367daycPaM1 theÂctivet utyStatusDate . . . Thih itßorH -lerUnitWasNotiliedofa FutureCall-Up toActiveDutyonActiveDuty.S usb OrderNodfication StartDate ÓrderNötiflationEndDate Status Ser0icC pone NA ÑA NA Thisresponse reflects whether unithasreca theindivÎÔluaÍÎîrhis/her toreportforactiveduty Upon searcNng the data banks of the D6põ½óM of Defense Mempower Data Center, based on the nformadon that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes Missus on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Deperiment of Defense - Menpower Data Center 400 Gigling Rd. Seaside, CA 93955 FILED: MONROE COUNTY CLERK 04/07/2021 02:09 PM INDEX NO. E2021000213 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/07/2021 The Defense Menpower Data Center (DMDC) is an orgen!zetion of the Department of Defense (DoD) that ==inwn= the Defense Enic||mont and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as emeñded) (SCRA) (formerly known as Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess the any !nfrszt!sñ indicating that the duty" individual is currently on active responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact !ñfermetien can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.esd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this eddB!ese! Service verification, punitive prer!r!cre of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following !nferret!:r (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preced!ñg the Active Duty Status Date (3) Whether the individual or his/her unit received early ñéisicei!en to report for active duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as reported in this certificate is defined in âcccidancs with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 ccn::::1 ca days in length were available. In the case of a member of the National Guard, this includes service under a call to active service euthorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and 5üppened by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Mmini=+'°+ion of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commise!ened officer of the U.S. Public Health Service or the National Oceanic and ^.tmerphed: Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in eccerdence with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protect!ens. Persons seeking to rely on this website cârtFicatian should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. ±r::::, some pretecticñ5 of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protect!ens of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guerenteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous informatian will cause an erroneous certificate to be provided.